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12. The last claim for which objection was raised by the objector pertains to the issue of penal recovery which has been denied by the Arbitrator. The relevant clause of the contract in this regard is clause 42 which reads as under:

"CLAUSE 42. 
CS(OS) 73/1996                                                               Page 9
            i)      The contractor shall see that only the required quantities
of materials are got issued. Any such material remaining unused and in perfectly good condition at the time of completion or determination or the contract shall be returned to the Engineer-in- charge at a place where directed by him, by a notice in writing under his hand, if he shall so require. Credit for such materials will be given at the prevailing market rate not exceeding the amount charged from him excluding the element of storage charges levied at the time of issue of materials to him. The contractor shall also not be entitled to cartage and incidental charges for returning the surplus materials from and to the stores where they were issued.